DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on October 24, 2023, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
3. The disclosure is objected to because of the following informalities:
Applicant spells the trademark name "Wi-Fi®" as "WiFi". Additionally, Applicant does not use the appropriate trade symbol with the trademark name as proper (see below).
Appropriate correction is required.
4. The use of the term "Wi-Fi®" (spelled in claims and Specification as “WiFi”), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
5. Claims 8 and 18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 8 and 18 contain the trademark/trade name "Wi-Fi. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a form of wireless communication and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
6. Claims 1-4 and 7-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LaMantia,
(US 20160356889 A1).
In regard to claim 1, LaMantia discloses a laser layout system {measuring system 101/201/301/401 - para. [0088] describes that any combination of the embodiments may be used} comprising:
a first device [measuring device 100/200/300/400/500/600] comprising a laser generation device [laser unit 212/312, lasers 406/510] and a camera [camera, camera 210], the laser generation device configured to emit a first laser beam downward at a lower surface and a second laser beam upward at an upper surface {Fig. 3 shows an embodiment where laser unit 312 can emit lasers anywhere from vertically downward to vertically upward, as described in para. [0052]; Fig. 4 shows an embodiment where lasers are emitted vertically (408B) and respectively downward (408C), as described in paras. [0055]-[0056]}; and
a second device [user device 102/202/302/402] comprising a display screen [Fig. 1 shows display 104]and a receiver {para. [0038] describes transceiver 214 coupled to 202 to receive information from device 200}, the receiver configured to receive a signal from the first device that is representative of an image captured by the camera {para. [0074] describes that the user may receive image data based on camera 210, as does para. [0026]}, the display screen configured to display the image captured by the camera in response to receiving the signal {shown in Fig. 1, described in para. [0026]}.
In regard to claim 2, LaMantia discloses wherein the image captured by the camera comprises the first laser beam intersecting the lower surface {paras. [0026]-[0029] describe the reference points 108A and 108B shown on the display 104 [shown in Fig. 1] being representative of endpoints of lasers, the adjustments of said locations to any target in the world - as the reference points can be moved anywhere, it is conceivable that the user could move either reference point 108A/B to be lower in the image; further, Fig. 6A shows laser light 602A corresponding to a lower location 604A than laser light 602C corresponding to a upper location 604C}.
In regard to claim 3, LaMantia discloses wherein the first laser beam produces a first line on the lower surface when the first laser beam intersects the lower surface {as described in paras. [0064]-[0067], laser light 510A emits laser light 602A to intersect lower location 604A}.
In regard to claim 4, LaMantia discloses wherein the second laser beam produces a second line on the upper surface when the second laser beam intersects the upper surface {as described in paras. [0064]-[0067], laser light 510C emits laser light 602C to intersect upper location 604C}.
In regard to claim 7, LaMantia discloses wherein the receiver receives the signal wirelessly {wireless transmission described in at least paras. [0038] and [0057]}.
In regard to claim 8, LaMantia discloses wherein the receiver receives the signal via WiFi {Wi-Fi® transmission described in para. [0038]}.
In regard to claim 9, LaMantia discloses wherein the first device is configured to adjust an aim of the first laser beam in response to the first device receiving a second signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a first reference point 108A via the user device, thus a second signal different than the first signal of a camera image}.
In regard to claim 10, LaMantia discloses wherein the first device is configured to adjust an aim of the second laser beam in response to the first device receiving a third signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a second reference point 108B via the user device, thus a third signal different than the first signal of a camera image and a second signal of a movement of a fist reference point 108A}.
In regard to claim 11, LaMantia discloses a laser layout system {measuring system 101/201/301/401 - para. [0088] describes that any combination of the embodiments may be used} comprising:
a first device [measuring device 100/200/300/400/500/600] comprising a laser generation device [laser unit 212/312, lasers 406/510] and a camera [camera, camera 210], the laser generation device configured to emit a first laser beam downward at a lower surface and a second laser beam upward at an upper surface {Fig. 3 shows an embodiment where laser unit 312 can emit lasers anywhere from vertically downward to vertically upward, as described in para. [0052]; Fig. 4 shows an embodiment where lasers are emitted vertically (408B) and respectively downward (408C), as described in paras. [0055]-[0056]}, the camera configured to capture an image of the first laser beam intersecting the lower surface {paras. [0026]-[0029] describe the reference points 108A and 108B shown on the display 104 [shown in Fig. 1] being representative of endpoints of lasers, the adjustments of said locations to any target in the world - as the reference points can be moved anywhere, it is conceivable that the user could move either reference point 108A/B to be lower in the image; further, Fig. 6A shows laser light 602A corresponding to a lower location 604A than laser light 602C corresponding to a upper location 604C}; and
a second device [user device 102/202/302/402] configured to wirelessly {wireless transmission described in at least paras. [0038] and [0057]} send a signal to the first device to adjust the first laser beam, wherein the first device is configured to adjust the aim of the first laser beam in response to the first device receiving the signal {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a first reference point 108A via the user device}.
In regard to claim 12, LaMantia discloses wherein the first laser beam produces a first line on the lower surface when the first laser beam intersects the lower surface {as described in paras. [0064]-[0067], laser light 510A emits laser light 602A to intersect lower location 604A}, and wherein the second laser beam produces a second line on the upper surface when the second laser beam intersects the upper surface {as described in paras. [0064]-[0067], laser light 510C emits laser light 602C to intersect upper location 604C}.
In regard to claim 13, LaMantia discloses wherein the first device is configured to adjust the aim of the first laser beam in response to the first device receiving a second signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a first reference point 108A via the user device, para. [0028] describes a plurality of locations that the reference point 108A could be moved to, indicating that the user could move the first reference point 108A at least a first and a second time, thus a second signal different than the first signal responding to the first movement of reference point 108A}.
In regard to claim 14, LaMantia discloses wherein the first device is configured to adjust the aim of the second laser beam in response to the first device receiving a third signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a second reference point 108B via the user device, thus a third signal different than that of the first and second signals related to movement of reference point 108A}.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
7. Claims 5-6 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over LaMantia in view of Woo (KR 102004261 B1; provided in IDS filed February 29, 2024).
In regard to claim 5, LaMantia further teaches a first coupling mechanism configured to couple the first device to a surface {para. [0065] describes magnets 512 used to adhere the measuring device to a surface}.
LaMantia does not teach coupling the measuring device to a base of a moveable vehicle, the moveable vehicle comprising a base and a vertically actuating platform between extended and retracted positions, such that the platform is further above the base in the extended position compared to the retracted position.
However, Woo also teaches a first device [safety laser device 100], as well as attaching that device to a base [chassis] of a moveable vehicle {aerial work platform, paras. [0044] and [0059] describe mounting the laser device to the chassis}, the moveable vehicle comprising the base [chassis] and a platform [aerial platform] that vertically actuates above the base between an extended position and a retracted position [shown in Figs. 1 (retracted) and 11 (extended)], wherein the platform is further above the base in the extended position compared to the retracted position [shown in Figs. 1 (retracted) and 11 (extended)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined LaMantia’s laser layout system and mounting method with Woo’s safety device on an aerial work platform chassis in order to better provide stability to a measuring device as taught by LaMantia {para. [0065]} and in order to more easily adjust a laser generation device without separately moving a safety device or an aerial platform as described by Woo {para. [0044]}. Further, it should be noted that an aerial work platform (otherwise called an aerial lift) having a platform that vertically actuates above a base between an extended position and a retracted position such that said platform is further above said base in said extended position compared to said retracted position is a well-known engineering practice.
In regard to claim 6, LaMantia further teaches a second coupling mechanism to couple the second device {user device dock 304/404 that may include a base mount 312/412 to couple the user device dock to a base, as described in paras. [0050]-[0054]}.
LaMantia does not teach that the second coupling mechanism couples the second device to the platform of the moveable vehicle.
However, Woo also teaches a second device [wireless control device 300] that is coupled to the platform of the moveable vehicle {para. [0055] describes that the wireless control device 300 including an imaging device mounted to the aerial work platform and a user terminal that is connected to the imaging device, para. [0054] describes the user terminal installed on the aerial work platform itself}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined LaMantia’s coupling mechanism of a second device with Woo’s second device mounted to a platform of an aerial work platform in order to better mount a second device such that it does not need to be held by a user as taught by LaMantia {para. [0051]}, as well as in order to better increase the safety of a user on a platform during operation, as described by Woo
{para. [0057]}.
In regard to claim 15, LaMantia teaches a laser layout system {measuring system 101/201/301/401 - para. [0088] describes that any combination of the embodiments may be used} comprising:
a first device coupled to a surface {para. [0065] describes magnets 512 used to adhere the measuring device to a surface}, the first device comprising a laser generation device [measuring device 100/200/300/400/500/600] configured to emit a first laser beam downward and a second laser beam upward {Fig. 3 shows an embodiment where laser unit 312 can emit lasers anywhere from vertically downward to vertically upward, as described in para. [0052]; Fig. 4 shows an embodiment where lasers are emitted vertically (408B) and respectively downward (408C), as described in paras. [0055]-[0056]}; and,
a second device [user device 102/202/302/402] communicably connected with the first device {para. [0038] describes transceiver 214 coupled to 202 to receive information from device 200}, the second device coupled to a surface {user device dock 304/404 that may include a base mount 312/412 to couple the user device dock to a base, as described in paras. [0050]-[0054]}.
LaMantia does not teach a moveable vehicle comprising a base and a platform that vertically actuates above the base between an extended position and a retracted position, wherein the platform is further above the base in the extended position compared to the retracted position; wherein the first device is coupled to the base of the moveable vehicle; or wherein the second device is coupled to the platform of the moveable vehicle.
However, Woo also teaches a first [safety laser device 100] and second device [wireless control device 300], as well as a moveable vehicle [aerial work platform] comprising a base [chassis] and a platform [aerial platform] that vertically actuates above the base between an extended position and a retracted position [shown in Figs. 1 (retracted) and 11 (extended)], wherein the platform is further above the base in the extended position compared to the retracted position [shown in Figs. 1 (retracted) and 11 (extended)], as well as that the first device is coupled to the base {paras. [0044] and [0059] describe mounting the laser device to the chassis}, and that the second device is coupled to the platform {para. [0055] describes that the wireless control device 300 including an imaging device mounted to the aerial work platform and a user terminal that is connected to the imaging device, para. [0054] describes the user terminal installed on the aerial work platform itself}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined LaMantia’s laser layout system with Woo’s devices coupled to a base and platform of an aerial work platform in order better provide stability to a measuring device as taught by LaMantia {para. [0065]}, in order to better mount a second device such that it does not need to be held by a user as taught by LaMantia {para. [0051]}, in order to more easily adjust a laser generation device without separately moving a safety device or an aerial platform as described by Woo {para. [0044]}, and in order to better increase the safety of a user on a platform during operation, as described by Woo {para. [0057]}. Further, it should be noted that an aerial work platform (otherwise called an aerial lift) having a platform that vertically actuates above a base between an extended position and a retracted position such that said platform is further above said base in said extended position compared to said retracted position is a well-known engineering practice.
In regard to claim 16, LaMantia further teaches the first device comprising a camera [camera, camera 210] and the second device comprising a display screen [Fig. 1 shows display 104] and a receiver {para. [0038] describes transceiver 214 coupled to 202 to receive information from device 200}, the receiver configured to receive a signal from the first device that is representative of an image captured by the camera, the display screen configured to display the image captured by the camera in response to receiving the signal {para. [0074] describes that the user may receive image data based on camera 210, as does para. [0026]}, wherein the image captured by the camera comprises the first laser beam intersecting a lower surface below the base {paras. [0026]-[0029] describe the reference points 108A and 108B shown on the display 104 [shown in Fig. 1] being representative of endpoints of lasers, the adjustments of said locations to any target in the world - as the reference points can be moved anywhere, it is conceivable that the user could move either reference point 108A/B to be lower in the image; further, Fig. 6A shows laser light 602A corresponding to a lower location 604A than laser light 602C corresponding to a upper location 604C}.
In regard to claim 17, LaMantia further teaches that the receiver receives the signal wirelessly {wireless transmission described in at least paras. [0038] and [0057]}.
In regard to claim 18, LaMantia further teaches that the receiver receives the signal via WiFi {Wi-Fi® transmission described in para. [0038]}.
In regard to claim 19, LaMantia further teaches that the first device is configured to adjust the aim of the first laser beam in response to the first device receiving a second signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a first reference point 108A via the user device, thus a second signal different than the first signal of a camera image}.
In regard to claim 20, LaMantia further teaches that the second device comprises a rotatable control [thumb wheel 508] that causes the second device to emit the second signal when the rotatable control is rotated, thereby causing the first device to adjust the aim of the first laser beam {para. [0063] describes a user turning thumb wheel 508 to adjust the aim of laser beams}.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL QUINN whose telephone number is (571)272-2690. The examiner can normally be reached M-F 7:30-5:30 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOHN BREENE can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL M QUINN/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855